We spend many of our waking hours working in order to make a living. Our jobs allow us to sustain ourselves and are often a source of pride. However, no matter how much a person loves his job or how good he is at it, the relationship between the employer and the employee can sour which can end in dismissal of the employee.
Employers may have valid reasons for dismissing an employee. While there are some standards that neither the employer nor the employee can contract out of, employment contracts will contain terms that employment is conditional upon. If any of these conditions are violated by an employee, the employer may properly dismiss that employee. However, there may be times where an employer dismisses an employee with no cause. This is called “wrongful dismissal”.
Wrongful Dismissal
If an employee is dismissed without cause or without compliance with the Employment Standards Code (ESC), the employee has been wrongfully dismissed. One of the most important provisions in the ESC is the requirement to provide notice of termination to the employee. The minimum amount of notice that must be given is calculated according to how long the employee has been employed for. These calculations are provided in section 56 of the ESC:
a) one week, if the employee has been employed by the employer for more than 90 days
but less than 2 years,
b) 2 weeks, if the employee has been employed by the employer for 2 years or more but
less than 4 years,
c) 4 weeks, if the employee has been employed by the employer for 4 years or more but
less than 6 years,
d) 5 weeks, if the employee has been employed by the employer for 6 years or more but
less than 8 years,
e) 6 weeks, if the employee has been employed by the employer for 8 years or more but
less than 10 years, or
f) 8 weeks, if the employee has been employed by the employer for 10 years or more.
If an employer does not provide the minimum notice or equivalent termination pay required under the ESC, the employer will be on the hook for damages in lieu of notice. It is important for employees to know their rights in employment relationships because there is a significant imbalance in bargaining power. The employee usually needs the job to support himself and his family whereas the employer likely has multiple options when it comes to filling a vacant position. As a result, there is a high potential for employers to attempt to exploit their employees and fail to give them what they are owed under the ESC.
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